HOA atty's process server blew it! How to use his mistake to my advantage in a pro se kinda way? Do I dare call HOA atty?

Asked over 1 year ago - Bellingham, WA

I just found out from my bank that I have a lawsuit started against me by my HOA. They say I owe them a lot! That's not the only thing we don't agree on. It seems a process server swears that he served my wife. Suffice to say that is impossible.

The HOA lawyer wants to bill me for process service I did not get & all kinds of billable hours based on the premise that I have been served. I know I probably owe HOA something but not what they say.

The HOA atty is about to ask for a default judgment and foreclosure. He says I have known all about this all along. He's being a self righteous jerk.

Can I negotiate?

If I pay what they ask what will it take to get some of it refunded if that's what is right?


I gotta be pro se for now.


Thoughts?

Attorney answers (3)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Service is valid if anyone 18 years of age or older who resides in your home is served with the Summons and complaint. You do have constructive notice of the action, so you should hire counsel to make the appropriate argument. If you owe, you owe -- the only out you may have is Bankruptcy. Even if service is improper, the just reserve you , file a motion for summary judgment and the result is the same. The statute specifically allows for costs and attorneys fees to be included in the judgment.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Better get an answer on file or a motion to quash service, before the default is entered.

  3. Constantine D. Buzunis

    Contributor Level 17

    2

    Lawyers agree

    Answered . I agree with Attorney Hawkins, you need to get a lawyer to either prepare, file and serve a Motion to Quash the alleged service, a Demurrer or Answer to the complaint? If you lose, you may likely owe the other side and their lawyer more than you will spend on a lawyer! you can always negotiate a settlement, the question is whether the other side will negotiate or agree? if they get a judgment it will be hard and costly to undo via an appeal?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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